HO SIEW CHOONG & ORS V. EVERWORTH SDN BHD

HO SIEW CHOONG & ORS V. EVERWORTH SDN BHD

The statutory demand was fatally defective because it cited non-existent subsections and was not served by leaving it at the registered office as required by s.218(2)(a); strict compliance with service and other pre-requisites is essential and a registrar's certificate does not cure such fatal defects; therefore the winding-up petition failed and must be dismissed.

Citation
HO SIEW CHOONG & ORS V. EVERWORTH SDN BHD
Parties
Petitioners: Ho Siew Choong & Ors; Respondent: Everworth Sdn. Bhd.
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Winding Up Petition / High Court Judgment
Outcome
Petition dismissed
Legal Topics
Statutory Demand, Service of Process, Winding Up, Companies (winding Up) Rules 1972, Companies Act 1965 S.218
Source Language
en
Company Law Civil Procedure Statutory Demand Service of Process Winding Up Companies (winding Up) Rules 1972 Companies Act 1965 S.218

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Parties

Ho Siew Choong & Ors

Petitioners

Everworth Sdn. Bhd.

Respondent

Procedural Posture

Winding Up Petition / High Court Judgment

Legal Issues

  1. 1 Validity of statutory demand citing non-existent subsections
  2. 2 Proper method of service under s.218(2)(a) (leaving at registered office)
  3. 3 Compliance with rr.24 advertisement requirements

Ratio Decidendi

The statutory demand was fatally defective because it cited non-existent subsections and was not served by leaving it at the registered office as required by s.218(2)(a); strict compliance with service and other pre-requisites is essential and a registrar's certificate does not cure such fatal defects; therefore the winding-up petition failed and must be dismissed.

Court Disposition

Petition dismissed

Orders

  • Winding-up petition dismissed
  • Costs awarded to the respondent